What are my healthcare rights?

Healthcare rights make sure all people in Australia get safe, high-quality healthcare. This includes people receiving care and carers.

Healthcare rights are set out in the Australian Charter of Healthcare Rights.

These rights apply to any healthcare you receive in Australia, including care in:

• public and private hospitals
• doctors' clinics
• the community

Watch this video about your healthcare rights. The video is made by the Australian Commission on Safety and Quality in Health Care. You can watch it in Auslan sign language if you have a hearing impairment.

The 7 basic healthcare rights

The 7 basic healthcare rights are:

1. access
2. safety
3. respect
4. partnership
5. information
6. privacy
7. give feedback

Access

You have the right to get the healthcare services and treatment you need.

Safety

You have the right to get safe, high-quality healthcare that meets national standards. You have the right to be cared for in a safe environment and to feel safe during treatment.

Respect

You have the right to be treated as an individual, with dignity and respect. Your culture, identity, beliefs and choices must be recognised and respected.

Partnership

You have the right to ask questions and take part in open and honest discussions. You can make decisions with your healthcare provider. You can make your own choices if you are able and want to.

You may include other people in planning and making decisions about your care. You can choose who these people are.

Read more about how to find the right health professional.

Information

You have the right to get clear information about your health. You have the right to be told about the possible benefits and risks of different tests and treatments. This information helps you decide what is right for you.

You can choose to agree to treatment only after you have all the information you need. This is called informed consent.

You can get information about services, waiting times and costs. You can also get help to understand and use this information. You have the right to access your own health information and records.

Your healthcare provider must tell you if something goes wrong. They should explain:

• what happened
• how it may affect you
• what is being done to make your care safe

Privacy

You have the right to have your personal privacy respected. This includes keeping information about you and your health safe and confidential.

Give feedback

You have the right to:

• give feedback
• make a complaint without it affecting how you are treated
• share what has happened to you and help to improve health services

Your concerns must be heard. You should receive clear answers in a timely way.

Medicare in Australia

Medicare helps pay some or all of the costs of healthcare in hospital. It may also cover some or all of the costs when you see a general practitioner (GP) or specialist.

If you receive care as a public patient in a public hospital, Medicare may cover the full cost of your treatment and stay.

Medicare also helps reduce the cost of many medicines through the Pharmaceutical Benefits Scheme (PBS).

To find out if you are eligible, visit the Services Australia website.

Why should I know my healthcare rights?

The best health outcomes happen when people, families and healthcare providers work together.

Knowing your rights helps you get the care that is right for you. For example, your doctor may not realise that you do not understand something unless you tell them.

You can use your rights to ask questions. This helps you understand your care and make informed decisions.

Australia is a diverse country with many cultures and ways of life. Healthcare rights help make sure everyone is treated with respect and dignity.

How do I make a healthcare complaint?

If you feel your rights have been denied or you did not get the best care, you can make a complaint.

It is a good idea to speak to the health professional first. You can do this yourself or ask someone to speak on your behalf. This can be a family member, carer or guardian.

You can also choose to speak to another health professional at the same healthcare setting.

If you are not satisfied with the outcome, you can make a formal complaint. Below are places to go to make a health complaint in your state or territory:

• Australian Capital Territory — Health Services Commissioner (via the ACT Human Rights Commission), call (02) 6205 2222.
• New South Wales — Health Care Complaints Commission, call 1800 043 159.
• Northern Territory — Health and Community Services Complaints Commission (HCSCC), call 1800 004 474.
• Queensland — Office of the Health Ombudsman, call 133 646.
• South Australia — Health and Community Services Complaints Commissioner (HCSCC), call 1800 232 007.
• Tasmania — Health Complaints Commissioner, call 1800 001 170.
• Victoria — Health Complaints Commissioner, call 1300 582 113 or the Mental Health and Wellbeing Commissioner, call 1800 246 054.
• Western Australia — Health and Disability Services Complaints Office (HaDSCO), call (08) 6551 7600 or 1800 813 583.

You can make complaints about aged care services to the Aged Care Complaints Commissioner. Call 1800 951 822.

If you are concerned about the behaviour of a health practitioner, contact the Australian Health Practitioner Regulation Agency (AHPRA). You may feel the health practitioner is putting you, other patients or the public at risk.

Watch this video on tips for making a healthcare complaint from the Australian Commission on Safety and Quality in Health Care.

What is advocacy?

Sometimes people cannot speak up for their own healthcare rights. If this happens, another person can do it for them. This is called advocacy.

Advocacy helps protect your rights and supports fair treatment. Advocacy may involve groups working together to improve the healthcare system.

If you are caring for someone whose healthcare rights have been denied, you can talk directly to the healthcare provider. You can also follow the steps above to make a complaint.

People living with disability

People living with disability have a right to advocacy under the National Disability Advocacy Program.

This program can provide an advocate if a person is not able to make a complaint on their own. It can also support people who do not have family or friends to help them.

The program can guide you through the healthcare system and support you with the National Disability Insurance Scheme (NDIS).

Resources and support

• Read Understanding My Healthcare Rights, written by the Australian Commission on Safety and Quality in Health Care. A summary booklet is available.
• My Aged Care advocacy services offer support to help you decide what is best for your situation.
• You can find advocates for children and young people living with disability at Children and Young People with Disability Australia (CYDA).
• Carer Gateway offers emotional and practical support for carers.
• Caring for cognitive impairment provides information and support for people living with cognitive impairment and their carers, families and support people. It includes information in other languages and an Easy Read guide.

You can also call the healthdirect helpline on 1800 022 222 (known as NURSE-ON-CALL in Victoria). A registered nurse is available to speak with you 24 hours a day, 7 days a week.

Languages other than English

• You can read about your healthcare rights in the Australian Charter of Healthcare Rights, which is available in many languages.
• The Healthcare Complaints Commission has information in languages other than English.

Information in Easy Read format

• You can find an Easy Read guide about your right to good healthcare on the Australian Government Department of Health website.
• Discover Easy Read guides on healthcare rights for women and girls, made by Women with Disabilities Australia.

Information for Aboriginal and/or Torres Strait Islander peoples

• Read more about free annual health checks on the Department of Health, Disability and Ageing.

Information for sexually and gender-diverse families

• Australian Commission on Safety and Quality in Health Care has information on healthcare rights for sexually and gender-diverse families.